Understanding the complexities and vital details of legal forms is crucial for ensuring lawful compliance and efficiency in resolving legal matters. The California 1285 65 form, serving as an Ex Parte Application for Wage and Earnings Assignment Order Modification, embodies a key instrument within the state's family law practice. It primarily facilitates the modification of orders related to wage and earnings assignments for child, spousal, or family support. Carefully drafted to address various circumstances, the document delineates the conditions under which support was initially ordered, including specific dates, amounts, and the parties involved. It allows for adjustments in the light of changes such as the emancipation of dependents, full payment of arrears, alterations in custody, or shifts in the enforcement responsibility of the district attorney. Moreover, it provides a structured approach to detail outstanding arrears and the requisite updates to monthly deduction amounts for different types of support. Underpinning this is a clear protocol for including or excluding interest and penalties on arrears, thereby ensuring that all parties have a transparent understanding of the financial adjustments sought. This form, by establishing a legal pathway for modifying financial support orders, reflects an essential tool for addressing the evolving needs of families within California's legal framework.
| Question | Answer |
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| Form Name | California Form 1285 65 |
| Form Length | 2 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 30 sec |
| Other names |
1285.65
ATTORNEY OR PARTY WITHOUT ATTORNEY OR GOVERNMENTAL AGENCY (pursuant |
TELEPHONE AND FAX NOS.: |
to Welf. & Inst. Code, §§ 11475.1, 11478.2) (Name, state bar number, and address): |
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
OTHER PARENT:
EX PARTE APPLICATION FOR WAGE AND EARNINGS
ASSIGNMENT ORDER |
MODIFICATION |
FOR COURT USE ONLY
CASE NUMBER:
APPLICANT DECLARES |
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Child support was ordered as follows: |
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a. Date of order: |
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b. Payable by |
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petitioner |
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respondent |
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other parent |
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other (specify): |
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c. Payable to |
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petitioner |
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respondent |
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d. Total amount unpaid is at least: |
$ |
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as of (date): |
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2.
Spousal support |
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family support was ordered as follows: |
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a. Date of order: |
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b. Payable by |
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petitioner |
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respondent |
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other parent |
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c. Payable to |
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petitioner |
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respondent |
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other (specify): |
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d. Total amount unpaid is at least: |
$ |
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as of (date): |
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3.
(Complete for support ordered before July 1, 1990 only)
Payment of |
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child support |
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spousal support is overdue in the sum of at least one month's payment. |
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Written notice of my intent to seek a wage assignment was |
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a. |
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given at least 15 days before the date of filing this application |
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(1) |
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by first class mail. |
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(2) |
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by personal service. |
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(3) |
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contained in the support order described in item 1 or 2. |
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other (specify): |
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b.
waived (explain):
4.
A Wage and Earnings Assignment Order has not been issued for support ordered after July 1, 1990.
5.a. The amount of arrears stated in items 1d and 2d not included, it is not waived.)
b.The amount of arrears stated in items 1d and 2d are not included, they are not waived.)
does
does
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include interest at the legal rate. (If interest is |
does not |
include penalties at the legal rate. (If penalties |
(Continued on reverse)
Form Adopted by Rule 1285.65 Judicial Council of California 1285.65 [Rev. January 1,1998]
EX PARTE APPLICATION FOR WAGE AND EARNINGS ASSIGNMENT ORDER
WEST GROUP
Official Publisher
Family Code, §§ 5230, 5252
(Family Law)
6.
PETITIONER/PLAINTIFF: |
CASE NUMBER: |
RESPONDENT/DEFENDANT:
OTHER PARENT:
Modification of the existing Wage and Earnings Assignment Order is requested because
a. |
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the following children are emancipated (support no longer required by law) as of the following dates |
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(specify name(s) and date(s)): |
b.
c.
d.
e.
f.
custody of the following children has changed (specify):
the support arrears in this case are paid in full.
the Wage and Earnings Assignment Order must be conformed to the most recent support order as follows (specify):
the district attorney is no longer enforcing the current support obligation in this case but is required to collect and enforce any arrears owing.
the Wage and Earnings Assignment Order should be terminated as to spousal support because
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the supported spouse remarried on (date): |
(2) |
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the supported spouse died on (date): |
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(3) |
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by terms of the current order, spousal support was to terminate on (date): |
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g. other (specify):
7. I request a Wage and Earnings Assignment Order issue for the following monthly deductions:
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$ |
per month current child support. |
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per month current spousal support. |
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b. |
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$ |
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per month current family support. |
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$ |
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per month child support arrears. |
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$ |
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per month spousal support arrears. |
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e. |
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$ |
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f. |
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per month family support arrears. |
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$ |
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g.Total deductions per month: $
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
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(TYPE OR PRINT NAME) |
(SIGNATURE OF APPLICANT) |
1285.65 [Rev. January 1,1998]
EX PARTE APPLICATION FOR WAGE AND EARNINGS ASSIGNMENT ORDER
WEST GROUP
Official Publisher
Page two
(Family Law)